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Divorce Questions & Answers
1 Answer | Asked in Divorce, Family Law and Real Estate Law for Texas on
Q: How does owning a home affect renting an apartment?

I’m seeking a separation from my spouse with whom I own a home. Married for almost four years. Seeking advice on steps to take to remove myself from the home.

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jul 4, 2022

Retain a lawyer. You can rent an apartment but the house payment still needs to be paid. If your spouse agrees to pay the house payment you can file agreed temporary orders

1 Answer | Asked in Divorce for Georgia on
Q: Can I sue my husband for having a type of STD before we met and never told me even after we got married or had a child

Husband has genital warts and never told me. Once he did I asked him if it was serious and he said he didn’t know he didn’t ask questions when he was diagnosed. Then after 4 years he told me

Zachary Taylor Beck
Zachary Taylor Beck
answered on Jul 1, 2022

You may be able to sue for negligence or battery if your husband should have known or did know he had the STD, but neglected or intentionally chose not tell you, and then you contracted the STD from him. However, these types of lawsuits are complicated and you will likely have an issue with spousal... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Texas on
Q: Serving texas subpoena on a GA based company by serving it's registered agent in texas.

I have an enforcement action against my Ex in Texas court. My ex lies to court that he earns just $40,000 per year but I know he gets over $150,000 per year.

I want to secure payment records via subpoena from his work place to prove to court.

My ex works at newell company in GA.... Read more »

Rafee'a S. Majeed
Rafee'a S. Majeed
answered on Jun 30, 2022

Are you serving a Motion for Enforcement? Or a subpoena? Those are two different documents

If you are serving a Motion for Enforcement and if your ex is an employee of the company in Georgia, you cannot serve a Motion for Enforcement for your ex, by serving the company that they work for or...
Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for California on
Q: Is there a lawyer that can help fix this ?

After I left my ex and I took the kids with me. Child support started taking my income . I didn’t know she was collecting welfare while we were living together . So I filed to cancel order due to lack of notice and fraud and motion was granted. She moved and started collecting welfare in another... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 30, 2022

You need to file a motion with the court (child support court/superior court??) and have an actual hearing, rather than contacting case workers and waiting for them to take appropriate action. While the children are in your custody, you should not be obligated to pay child support. The trial... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Arizona on
Q: I received a copy of a Motion to Set and Certificate of Readiness. Do I need to file a response?

I do not agree with what is stated in this motion, I am not ready & I cannot afford legal counsel.

Mike Branum
Mike Branum
answered on Jun 30, 2022

Yes. If you do not respond, the Court can set the matter for trial whether you are ready or not.

Do an internet search for "Arizona legal self-help." There are resources that may assist you in responding.

3 Answers | Asked in Divorce, Estate Planning and Real Estate Law for Michigan on
Q: What happens to a revocable land trust when is terminates/expires?

I am a co-trustee on a revocable land trust originally designed to generate cash for our children's education. Neither child needed it for that purpose. Our divorce agreement states it will terminate upon our youngest turning 30. It does not specify what happens at termination. I am not aware... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 30, 2022

We would need to see the trust agreement to determine whether the property reverts to the grantor(s), or whether title vests in the beneficiaries. If the trust is still revocable (because the grantor(s) are alive, the grantors could revoke the trust and own the property as they choose. There is... Read more »

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2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

David H. Relkin
David H. Relkin
answered on Jun 30, 2022

Typically, in such an instance, the Court should allow your responsive papers to the Petitioner's motion when the opposing side raises new facts or circumstances. If you are not allowed, you can argue that the Petitioner's new facts should not be considered. A party is not allowed to... Read more »

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2 Answers | Asked in Contracts, Divorce and Arbitration / Mediation Law for New York on
Q: Does Respondent in an Arbitration Award confirm/vacate have the Right to Respond to Petitioner's Papers?

I am the Respondent in a motion to Confirm an Arbitration Award

1. Petitioner filed a motion to confirm the Arbitration Award

2. Respondent (me) filed a Motion in Opposition and made a motion to Vacate the Arbitration Award

3. Petitioner filed a Motion in Opposition to my... Read more »

Jack Mevorach
Jack Mevorach
answered on Jun 29, 2022

I think yes.

Jack

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2 Answers | Asked in Divorce and International Law for Texas on
Q: Hi, My spouse and I are Americans and Egyptians; if he divorced me in Egypt, what are my rights as Texas resident?

I’m 54 years old, married for 33 years, and unemployed ( I’m seeking a job); my husband and I are almost separated for 3 years. We do have a home in Sugar Land and joined banks accounts

( that he is controlling most of them, I don’t have online access except for one account). I’m... Read more »

David Luther Woodward
David Luther Woodward
answered on Jun 28, 2022

First and foremost: I know nothing about the law of Egypt except that it, too, is inherited from the British.

Go get yourself a lawyer tomorrow! Most lawyers will give you the first interview for free, and then try to work out a system of payment. You need to be the first to file and...
Read more »

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1 Answer | Asked in Family Law, Immigration Law and Divorce for California on
Q: I am married to a USA Citizen while I am a Green Card applicant.My wife has left the family home in April 2022

I migrated to California from the UK in September 2019 and we lived together in her house.

We got engaged in February 2020

My wife who was a Permanent Resident in the USA was granted USA Citizenship in December 2020

We bought a second house in October 2020.

We were... Read more »

Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

You've mixed a lot of legal issues here. Your immigration status isn't really relevant to your divorce questions. If you want a divorce, you should file for divorce. You can request spousal support and anything else you believe you are entitled to. Note that the length of the marriage... Read more »

1 Answer | Asked in Divorce for California on
Q: If my wife retains a divorce attorney, do I need to retain one as well?
Tobie Brina Waxman
Tobie Brina Waxman
answered on Jun 28, 2022

If she has an attorney and you don't you will likely be at a disadvantage. Don't risk it.

1 Answer | Asked in Divorce for Utah on
Q: Am I entitled to a portion of my wife's house even though it's in her and her mom's name

It was purchased while we were together but not married yet

Paul Waldron
Paul Waldron
answered on Jun 28, 2022

As always, it depends. What was the arrangement between your wife and her mother in the purchase of the home, did your wife use premarital money to make payments towards the home (taxes, maintenance, mortgage, etc.) during the marriage, or did you have a premarital or postmarital agreement... Read more »

1 Answer | Asked in Divorce for New York on
Q: My husband abandoned me seven years ago. II believe he is remarried. What should my course of action be?

I do not know where he resides. We do not own property together or have children.

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 28, 2022

The asker must file for divorce. In the worst case, the asker may die, and her husband will inherit an intestate share of her property assuming the asker does not have a will. Even if the asker had a will, the husband could get his elective share of the asker's property. Saying there is no... Read more »

1 Answer | Asked in Divorce for New York on
Q: change of Venuer

I am disabled,live near acourthouse in the same NYS Unified Court system, different county, Dont drive 3hours of public transportation required NY subways mostly inaccesible

Peter Christopher Lomtevas
Peter Christopher Lomtevas
answered on Jun 28, 2022

There is no question posed here. However, assuming the question has to do with how to change venue, the asker should retain counsel. The process involves filing a motion with the wrong court asking it to transfer the case to the correct court. Reasoning has to be "legal"; witnesses are... Read more »

1 Answer | Asked in Divorce for Ohio on
Q: Can I fire my attorney for my divorce case? This is in Ohio

We have pre-trial next week and trial next month

Raquel Ann Parish
Raquel Ann Parish
answered on Jun 27, 2022

Clients are free to fire their attorney at anytime and can do so in writing to inform of the decision and to request that no further work be done on the case. It is highly suggested that prior to doing this clients consult another attorney who can potentially take over the case since there might... Read more »

1 Answer | Asked in Divorce and Domestic Violence for Louisiana on
Q: I’m in Louisiana, my husband bought a home before we were married, however, we’ve been married for 11 years.

Who leaves after a domestic argument and do I have any right to the home?

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jun 27, 2022

Based on your post, you do not have any right to ownership of the home, however if community funds were you for the upkeep and payment (perhaps mortgage) of the house, then you ight be entitled to some reimbursement. Also, you might have an argument for staying in the house until you are divorced,... Read more »

1 Answer | Asked in Child Custody and Divorce for Texas on
Q: My husband file divorce. Since we miscommunication and more . We decided trying out marriage or couple counseling.

I didn't recive letter yet . Is his file can be hold or do I need hire lawyer? What do I need expect

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Jun 26, 2022

He can put the divorce on hold, If you have not been served you do not need to worry.

1 Answer | Asked in Divorce for Georgia on
Q: Can I file the divorce papers I had drawn up in Georgia in Ohio? Because my county will not serve out of the county.

My filing was rejected "Rejected because this needs to be filed in the state and county where the defendant lives. Will not serve outside of county."

Regina Irene Edwards
PREMIUM
Regina Irene Edwards
answered on Jun 26, 2022

No, you cannot file Georgia divorce papers in Ohio. Also, it is possible to file for divorce here even if your spouse does not live here. Contact an attorney for assistance.

1 Answer | Asked in Divorce for Colorado on
Q: If there is a rental agreement would property have to be split in a divorce?

I purchased a piece of property before we were married. I know Colorado is a community property state. If I have a rental agreement with my husband would I have to split the appreciation of the property for the 3 years we have been married if we divorce? I pay all of the mortgage and property... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 24, 2022

Colorado is NOT a Community property state. Marital property is to be divided "equitably", which means "fairly', not necessarily "equally". The appreciation that occurs during the marriage is marital property. I do not think a rental agreement would make any... Read more »

1 Answer | Asked in Immigration Law, Divorce and Family Law for Texas on
Q: 10yr GC holder. Applied 4 passport on 3yr marriage eligibility. Interview passed and oat ceremony soon. Saperated now!

Separation is not legal and against my will. What would be the consequences on the day of oat ceremony? Also, I have a 6 months old daughter for whom I am providing adequate support. I do not want to proceed with filing divorce yet. But the more I wait, I will lose my chances of primary custody.... Read more »

Roland Godfrey Ottley
Roland Godfrey Ottley PRO label
answered on Jun 24, 2022

In your situation, since you are soon to get sworn in as a US citizen, the fact that your wife has separated from you would not be of any consequence at this time. As long as you are still legally married, which it sounds like you are, you should be good to go for your naturalization. USCIS has... Read more »

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